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Home My WebLink AboutMin - Planning and Zoning Commission - 2002 - 11/19 - RegularALLEN PLANNING & ZONING COMMISSION LNOVEMBER 19, 2002 ATTENDANCE: Commissioners Present: Gary Caplinger, Chair Alan Grimes, First Vice -Chair Darion Culbertson Robin Sedlacek Robert Wendland Gary Stocker Kenneth Harvey Commissioners Absent: None City Staff Present: Marina Sukup, Director of Planning David Hoover, Assistant Director of Planning Sally L. Leeper, Planner Pam Conway, Administrative Secretary John Baumgartner, City Engineer Dennis Abraham, Civil Engineer David Dodd, Attorney REGULAR AGENDA Call to Order and Announce a Quorum is Present: With a quorum of the Commissioners present, Chairman Caplinger called the meeting to order at 7:00 p.m. in the City Hall Council Chambers, 305 Century Parkway Director's Report on November 12, 2002 Council Action: Marina Sukup, Director of Planning and Development, reported that the Mayor recognized November 20, 2002 as "National GIS Day' and presented a proclamation to Richard Truong, Department of Planning & Development. CONSENT AGENDA 1 Approve Minutes of November 5, 2002, Regular Meeting 2. Final Plat — Consider a Final Plat for Lot 1, Block 1, Allen Commerce Center, Being 24.658f acres of land located in the G. Phillips Survey, Abstract No. 701, and the Joseph Dixon Survey, Abstract No. 276, City of Allen, Collin County, Texas; located northwest of US 75 and Stacy Road at Chelsea Blvd. Commissioner Grimes requested the items be removed from the Consent Agenda for corrections and clarifications. PLANNING & ZONING COMMISSION NOVEMBER 19, 2002 WW"W The Commission noted minor administrative corrections to the minutes. Motion: Upon a motion by Commissioner Grimes, and a second by Commissioner Sedlacek, the Commission voted 7 IN FAVOR and 0 OPPOSED to approve the Minutes from November 5, 2002, including the corrections. The motion carried. 3 Final Plat — Consider a Final Plat for Lot 1, Block 1, Allen Commerce Center, Being 24.658± acres of land located in the G. Phillips Survey, Abstract No. 701, and the Joseph Dixon Survey, Abstract No. 276, City of Allen, Collin County, Texas; located northwest of US 75 and Stacy Road at Chelsea Blvd. Commissioner Grimes questioned why the fire lanes and easements had been removed from the plat. David Hoover, Assistant Director, Planning & Development, stated that they were on the General Development Plan but they were removed as the applicant was under contract to supply a platted lot to the eventual owner. The eventual owner would then need to file an amended plat to add fire lane and other easements at the time of development. It was being done separately as there were two engineering firms involved and the site plan for the proposed development has not been finalized. Commissioner Grimes stated that he had just wanted to be certain that the fire lanes would be included on the final site plan and amended plat and he was assured that they would be. Motion: Upon a motion by Commissioner Grimes, and a second by Commissioner Culbertson, the Commission voted 71N FAVOR and 0 OPPOSED to approve the Final Plat for Allen Commerce Center. The motion carried. REGULAR AGENDA 4. Tabled Item/Floodplain Reclamation — Consider a request for Gulf Coast Package, Ltd. for Floodplain Reclamation on 118± acres of land located at the southeast comer of Custer Road and SH 121. Motion: Upon a motion by Commissioner Sedlacek, and a second by Commissioner Stocker, the Commission voted 7 I FAVOR and 0 OPPOSED to remove the item from the table. The motion carried. Mr. Hoover reviewed the item, noting that despite any verbal agreement by then City Engineer in 1998; no permit was ever issued. The decision to allow reclamation is not a Staff decision and the technical sufficiency of the proposal does not establish consistency with the Allen Land Development Code or the City's policy of not allowing reclamation of, or development in, floodplains. Mr. Hoover reviewed minutes from the Planning & Zoning Commission and City Council meetings at the time the zoning proposal was considered, noting that there was no testimony which supported applicant's present claim. Staff recommends denial. David Dodd, City Attorney, agreed that no approvals had been previously given and no action of the Council affected the decision before the Commission on the issue of reclamation. PLANNING & ZONING COMMISSION NOVEMBER 19, 2002 PAGE Paul Conrad, 1202 Waterdown Drive, Bridgwater Crossing subdivision, stated his concern with any changes in the water flow. He requested it be looked at very closely Kirk Williams, Winstead Sechrest & Minick, 5400 Renaissance Tower, Dallas, representing Gulf Coast Package, Ltd., stated his belief that the zoning ordinance adopted in 1997 included approval of reclamation, but in the event that it did not, he asked that the Commission approve it now. He stated that City personnel had reviewed the floodplain reclamation study prepared by Halff Associates in the 6 months prior to the approval of the 1997 ordinance. Mr. Dodd noted that in 1997 the review was to be done by the City Engineer prior to permitting Ms. Marina Sukup, Director of Planning and Development, stated that in a Planned Development, a detailed plan was also required within 6 months of zoning ordinance approval and that no plan was submitted or approved. Commissioner Wendland, noting that the requirement for a detailed plan was a requirement since 1984, questioned if an extension was ever requested regarding the detailed plan. Mr. Williams stated that no plan was submitted or extension requested. Mr. Nichols, 10760 C.R. 132, Celina, Gulf Coast Pkg , an owner, stated that a study was done and also another updated study Mr. Hoover noted that floodplain reclamation is not a small issue and he believes there was a clear understanding that it would be brought back later — when platted. A permit was never requested. Commissioner Harvey discussed the possibility of any commitments made by pnor City staff. Mr. Hoover stated that no plat was ever brought to the Commission so no commitment was ever given. Staff had no authority to grant permits of the type being requested so no commitment could have been made to the applicant as no plat or detailed site plans were ever submitted or approved. Commissioner Grimes stated that this is a consideration of floodplain reclamation and he is not able to support it at this time. Commissioner Culbertson agreed with Commissioner Grimes that this is a floodplain issue and not a zoning issue. Commissioner Wendland stated that the Commission is very interested in fairness, and he has reviewed all the ordinances from 1997 He can state with certainty that nothing the Commission or Council approved in 1997 was anything but zoning. He further stated that this Commission is not bound by any verbal commitments by Staff from 1997 Commissioner Sedlacek agreed that the process from 1997 was not completed and this is only a reclamation issue. PLANNING & ZONING COMMISSION NOVEMBER 19, 2002 PAGE 4 Motion: Upon a motion by Commissioner Wendland, and a second by Commissioner [' Culbertson, the Commission voted 7 I FAVOR and 0 OPPOSED to deny ■il the request for floodplain reclamation. The motion carried. Mr. Kirk Williams stated the desire to appeal the decision to City Council. Staff requested Mr. Williams make his request in writing and copy the City Attorney's office. 5. Preliminary Discussion — Draft of 2002-2022 Comprehensive Plan- Ms. Sukup stated that the draft of the Comprehensive Plan is on the City's web site. She stated that the Parks Department is in the process of submitting updated information and that updated information would be provided to the Commission before the next meeting. Commissioner Sedlacek questioned if the High School had finished the Citizen Survey Mr. Hoover stated it was underway and that we should receive them soon. Other Business • Upcoming Agenda Items Adjourn Motion: Upon a motion by Commissioner Harvey, and a second by Commissioner Grimes, the Commission voted 7 I FAVOR and OOPPOSED to adjourn the November 19, 2002 Planning & Zoning meeting at 8:20 p.m. These minutes approved this J r4 day of /.Xy[' p,-y�7E'h,� 2002. Gary aplinger, YilVrman A Ju m Conway, Adminislr e Secretary